Article 4-50

PEDDLERS AND SOLICITORS

Sections:

(a) TheSheriff'sOfficehasreceivednumerouscomplaints from residents of Saratoga concerning commercial solicitors who have been conducting business without a solicitation permit and the City wishes to more effectively protect the health, safety and welfare through enforcement as to businesses and individuals which fail to comply with requirements under City Code.

(b) The City of Saratoga understands that reasonable solicitation regulations must be undertaken with due regard for the reality that charitable solicitation for funds is characteristically intertwined with the constitutionally protected right to speak freely and to communicate ideas.

(c) The City of Saratoga has an interest in protecting public safety and welfare by reasonably regulating charitable organizations who desire to solicit for funds within the City's jurisdiction in a manner whereby the City may require registration enabling verification that the organization is an actual and genuine charitable organization.

(Ord. No. 340, § 1(Att. A, § 6), 7-6-2016)

As used in this Article, the term "business" shall have the same meaning as set forth in subsection 4-05.020(a); the term "charitable organization" shall have the same meaning as set forth in subsection 4-05.020(b); the term "engaged in business" shall have the same meaning as set forth in subsection 4-05.020(d); the term "person" shall have the same meaning as set forth in subsection 4-05.020(k); the term "peddler" shall have the same meaning as set forth in subsection 4-05.020(j); and the term "solicitor" shall have the same meaning as set forth in subsection 4-05.020(m) of this Chapter.

(Amended by Ord. No. 340, § 1(Att. A, § 6), 7-6-2016)

No peddler or solicitor (including a business providing peddler or solicitor services and employees and independent contractors of any such business) shall engage in business in the City without a permit to do so pursuant to this Article. Any such business providing peddler or solicitor services including a self-employed peddler or solicitor shall also apply for and obtain a business license pursuant to Article 4-05 of this Chapter, and pay the license fee specified in Section 4-05.100, unless exempted from the payment of such fee under Sections 4-05.160 and 4-05.170. (Amended by Ord. 71-102 § 1, 1992)

(Ord. No. 340, § 1(Att. A, § 6), 7-6-2016; Ord. No. 354, § 1(Exh. A), 12-20-2017)

(a) Application for a permit hereunder shall be made to the City Manager on such forms as the Manager prescribes, which shall include the following information:

(1) Name and address of the applicant and, for applicants with employees or using independent contractors, the name and address of each person who will be engaged in peddling or soliciting in the City for or on behalf of the applicant.

(2) The location of the principal place of business, and if such principal place of business is in the City, a statement of the zoning classification for such location.

(3) A complete description of the business, activity, program, or other purpose for which the peddling or soliciting will be made, including a copy of all bro-

(Saratoga Supp. No. 42, 12-17)

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chures, forms, contracts, subscriptions, handouts, and other documents to be used in connection with such peddling or soliciting.

(4) The particulars in regard to any felony or misdemeanor offense for which the applicant or any employees or independent contractors or principal of the applicant has been convicted.

(5) Two recent passport type photographs of each person who will be engaged in peddling or soliciting in the City for or on behalf of applicant and, if requested by the City Manager, one complete set of fingerprints for each such person, to be obtained at the expense of the applicant.

(6) If the peddling or soliciting will be conducted for an organization or an activity which is exempted from the payment of business license fees under the provisions of Sections 4-05.160(b)—(j) and 4-05.170 of this Chapter, the applicant shall provide documents establishing, to the satisfaction of the City Manager, the qualification for such exemption.

(7) The places within the City, times of day and period of time during which the peddling or soliciting will be conducted.

(8) A complete description of each automobile or other motor vehicle which the peddler or solicitor will operate in the City in connection with the business or activity.

(9) A list of any other cities or counties within the State where the applicant has engaged in peddling or soliciting, and if the applicant has applied for or received a permit or license from any of such cities or counties, the name and telephone number of the official or department to whom the application was submitted or by whom the permit or license was issued.

(10) Such other information and documents as the City Manager may require.

(b) The application shall be accompanied by a processing fee in such amount as may be established from time to time by resolution of the City Council; provided, however, no such fee shall be charged if the applicant is found to be exempted from the payment of a business license fee under the provisions of Sections 4-05.160 and 4-05.170 of this Chapter.

(c) Upon receipt of the application and other documents and the fee (if payable) as required in subsections (a) and (b) of this Section, the City Manager shall conduct such investigation as the Manager deems appropriate to determine whether a permit should be

issued. In connection therewith, the City Manager shall forward a copy of the application to the following persons for review and approval:

(1) The County Sheriff, for determination as to whether the applicant, or any person employed or acting on behalf of the applicant, has ever been convicted of a felony or misdemeanor offense involving theft, dishonesty, violence, fraud, deceit, or moral turpitude.

(2) The Community Development Director, for determination as to whether the conduct of the business or activity will be in compliance with zoning requirements and other rules, regulations and ordinances of the City.

The foregoing persons shall indicate on the application that the proposed permit is either approved or disapproved or approved subject to specified conditions, and shall return the application to the City Manager. (Amended by Ord. 71.97 § 2 (part), 1991) (Ord. No. 322, § 1(Exh. 1.B.11), 11-19-2014; Ord. No. 340, § 1(Att. A, § 6), 7-6-2016)

Charitable organizations engaging in solicitation as described in the definition of solicitor are exempt from the permit provisions of Section 4-50.020 of this Article if registered with the City in accordance with this Section.

(a) Not later than ten days prior to engaging in solicitation a charitable organization shall file with the City Manager or designee a registration statement with the following information filed under penalty of perjury together with a processing fee in such amount as may be established by resolution of the City Council:

(1) The name of the organization;

(2) The principal address and telephone number of the organization and the name and principal business or residence address and telephone number of the designated responsible party of the organization;

(3) Whether the organization is authorized by any other governmental authority to solicit and whether it is or has ever been enjoined by any court from soliciting;

(4) The organization's initial notice of intent to solicit (described in subsection (d), below);

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(5) For a tax exempt charitable organization, a copy of the organization's exemption determination from the Internal Revenue Service for verification of tax-exempt status;

(6) For a charitable organization subject to regulation pursuant to the Uniform Trustees for Charitable Purposes Act, Government Code Section 12580 et seq., a copy of the registration instrument such charitable organization has filed with the Attorney General pursuant to the requirements set forth under the Uniform Trustees for Charitable Purposes Act; and

(7) For a charitable organization not subject to subsection (4) or (5) above, a statement stating the purpose for which the organization is organized, the date the organization was organized, the name, address, and telephone number of a California resident responsible for the organization, the purpose or purposes for which the funds earned from the solicitation will be used, and whether any commission, fees, wages, or emoluments are to be expended in connection with such solicitations and the amount thereof.

(b) Within seven days of receiving a complete registration statement for a qualifying charitable organization the City Manager or designee shall issue a certificate of registration. The certificate of registration shall remain in effect until December 31 of the year after which it is issued unless it is either suspended or revoked as provided in this Article. The certificate may be extended on an annual basis by a request for extension.

(c) The organization shall furnish to all of its members, agents, or representatives conducting solicitation credentials in writing stating the name of the organization, purpose of the solicitation, and a copy of the certificate of registration.

(d) At any time a charitable organization is undertaking solicitation in the City there shall be on file in the office of the City Manager or designee a notice of intent to solicit including the following information:

(1) The name of the organization and a copy of the certificate of registration issued pursuant to subsection (b), above (this is not required for the first notice of intent to solicit filed by the organization);

(2) The commencement and termination dates of the solicitation and expected frequency of solicitation in that time period;

(3) The types of solicitation activity and how it will be conducted;

(4) Any changes to the information provided in the most recent registration statement filed with the City pursuant to subsection (a), above; and

(5) If desired by the organization, a request to extend the organization's certificate of registration issued pursuant to subsection (b), above.

A notice of intent to solicit may be for a period of at least one day and no longer than one year.

(e) Any organization registered pursuant to this Section shall notify the City Manager or designee within ten days of any change in the information required to be furnished by such organization or association under this Section.

(Ord. No. 340, § 1(Att. A, § 6), 7-6-2016)

The City Manager shall deny issuance of a permit applied for pursuant to Section 4-50.030 of this Article based upon any of the following grounds:

(a) Disapproval of the application by the County Sheriff on any grounds listed in Section 4-50.030(c)(1) above.

(b) A finding that the applicant has engaged in conduct within the City or elsewhere for which a business license or permit could be revoked under the provisions of this Chapter.

(c) A determination by the Community Development Director that the conduct of the business or activity would not be in compliance with each applicable zoning requirement or other rule, regulation and/or ordinance of the City. (Amended by Ord. 71.97 § 2 (part), 1991)

(Ord. No. 322, § 1(Exh. 1.B.11), 11-19-2014; Ord. No. 340, § 1(Att. A, § 6), 7-6-2016)

If a permit is issued pursuant to the application process set forth under Section 4-50.030 of this Article, it shall be subject to any conditions as may be imposed by the City Manager, the County Sheriff, or the Community Development Director. Peddler's and solicitor's permits may be issued on a daily, weekly, monthly or annual basis. (Amended by Ord. 71.97 § 2 (part), 1991) (Ord. No. 322, § 1(Exh. 1.B.11), 11-19-2014; Ord. No. 340, § 1(Att. A, § 6), 7-6-2016)

A permit issued under Section 4-50.030 of this Article may be renewed for a period not exceeding one

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year upon application to the City Manager on such forms as the Manager may prescribe, accompanied by payment of a renewal fee in such amount as established from time to time by resolution of the City Council, unless the applicant is exempted from the payment of such fee. The City Manager shall renew the permit upon finding that all of the requirements of this Article have been satisfied by the permittee and no conditions of the permit have been violated. (Amended by Ord. 71.97 § 2 (part), 1991)

(Ord. No. 322, § 1(Exh. 1.B.11), 11-19-2014; Ord. No. 340, § 1(Att. A, § 6), 7-6-2016)

No permit issued under this Article shall be transferable and any attempted transfer shall invalidate the permit.

No peddling or soliciting shall be conducted in the City before the hour of 8:00 A.M. of any day, or after the hour of 8:00 P.M. of any day; provided, however, this restriction shall not apply to any meeting between the peddler or solicitor and a customer arranged by appointment with the customer. This Section applies to peddlers, solicitors, businesses providing peddler or solicitor services, and employees and independent contractors of any such business.

(Ord. No. 322, § 1(Exh. 1.B.11), 11-19-2014; Ord. No. 340, § 1(Att. A, § 6), 7-6-2016; Ord. No. 354, § 1(Exh. A), 12-20-2017)

Editor’s note— Ord. No. 340, § 1(Att. A, § 6), adopted July 6, 2016, retitled the catchline of § 4-50.080 from "Commercial peddling or soliciting at night" to read as herein set out.

No peddler or solicitor may remain on private property unless invited to remain by an owner or adult occupant or other person in control of the premises to be thereupon for such purpose or after any person offered peddled wares or solicited has informed the peddler or solicitor by words or conduct that such person does not want to be offered such wares or solicited or does not want to give money or any other thing of value to the peddler or solicitor. This Section applies to peddlers, solicitors, businesses providing peddler or solicitor services, and employees and independent contractors of any such business.

(Ord. No. 340, § 1(Att. A, § 6), 7-6-2016; Ord. No. 354, § 1(Exh. A), 12-20-2017)

No person shall peddle or solicit, or attempt to peddle or solicit, at or upon the premises of any residential dwelling unit or business establishment where a "No Solicitors" or "No Trespassers" or similar sign is posted upon the premises in such manner as to be observable by persons who may wish to enter thereon. This Section applies to any form of peddling or soliciting for any purpose whatsoever, including, but not limited to, solicitation on behalf of any charitable organization or activity. This Section applies to peddlers, solicitors, businesses providing peddler or solicitor services, and employees and independent contractors of any such business.

(Amended by Ord. No. 340, § 1(Att. A, § 6), 7-6-2016; Ord. No. 354, § 1(Exh. A), 12-20-2017)

No person shall cast, throw, distribute, deposit, scatter, pass out, give away, circulate or deliver any commercial or business handbill, circular or other advertising material or device to any residence or business, or leave the same upon any yard, driveway, porch, doorstep or vestibule thereof, or in any public hallway thereof, or upon any vacant lot or other private property in the city, without first having obtained the express consent, or upon the express request, of an adult resident or occupant thereof. This Section applies to businesses providing distribution services, and employees and independent contractors of any such business. (Ord. 71.97 § 3 (part), 1991)

(Ord. No. 354, § 1(Exh. A), 12-20-2017)

No person shall cast, throw, distribute, deposit, scatter, pass out, give away, circulate or deliver to any premises any commercial advertising sample or device or other merchandise of any kind, except into the hands of an adult person who resides upon or occupies such premise. This Section applies to businesses providing distribution services, and employees and independent contractors of any such business. (Ord. 71.97 § 3 (part), 1991)

(Ord. No. 354, § 1(Exh. A), 12-20-2017)

The provisions of Sections 4-50.100 and 4-50.110 shall not apply to the sale or distribution of newspa-

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pers, magazines or other periodicals published for the dissemination of news and intelligence of a general character and printed or published at regular intervals. (Ord. 71.97 § 3 (part), 1991)

(a) Any permit issued under Section 4-50.030 of this Article may be suspended or revoked by the City Manager for any reason that would justify a refusal to issue the permit originally, or by reason of any failure by the permittee and/or the licensed person or organization to comply with all of the provisions of this Article, or any other provisions of this Code, or any condition of such permit.

(b) Any certificate of registration issued under Section 4-50.035 of this Article may be suspended or revoked by the City Manager whenever the City Manager has discovered that a charitable organization is enjoined by any court from soliciting contributions or the charitable organization is, or is about to be imminently engaged in any device, scheme, or artifice to defraud or to obtain money or property by means of any false pretense, representation or promise, or any false statement has been made in any application, registration or statement to the City.

the procedure set forth in Section 2-05.030 of this Code. (Amended by Ord. 71.97 § 1 (part), 1991)

The violation of any provision contained in this Article, or the violation of any condition of a permit issued hereunder, is hereby declared to be unlawful and shall constitute a misdemeanor and a public nuisance, subject to the penalties as prescribed in Chapter 3 of this Code. The enforcement of this Article pursuant to Chapter 3 shall be in addition to any proceedings conducted under Section 4-50.100 for revocation or suspension of a permit, or any proceedings conducted under Article 4-05 of this Chapter to revoke a business license by reason of the same violation. (Amended by Ord. 71.97 § 1 (part), 1991)

(c) The holder of the permit shall be given prompt notice of the intention to suspend or revoke the permit. Such notice shall fix a time and place, not less than five nor more than thirty days after service thereof, at which the holder of the permit may appear before the City Manager and be granted a hearing upon the merits of the suspension or revocation. If after such hearing the permit is ordered suspended or revoked, the holder shall have the right to appeal such action to the City Council. (Amended by Ord. 71.97 §§ 1 (part), 2 (part), 1991)

(Ord. No. 322, § 1(Exh. 1.B.11), 11-19-2014; Ord. No. 340, § 1(Att. A, § 6), 7-6-2016)

Editor’s note— Ord. No. 340, § 1(Att. A, § 6), adopted July 6, 2016, retitled the catchline of § 4-50.130 from "Suspension or revocation of permit" to read as herein set out.

Any decisions rendered pursuant to this Article with respect to the issuance, denial, suspension or revocation of a permit, or the conditions thereof, may be appealed to the City Council by the applicant or permittee or other interested person in accordance with

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4-55.020